United States · United States Congress · 18 March 2009
Support for the Museum of the History of Polish Jews Act of 2009 - Requires assistance provided by the Bureau of Educational and Cultural Affairs of the Department of State to be made available to assist in the development of the permanent collection of the Museum of the History of Polish Jews in Warsaw, Poland. Authorizes the Secretary of State to provide a specified amount to the Museum to carry out such purposes.
United States · United States Congress · 18 March 2009
Expresses support for efforts to: (1) lower the rate of infant mortality in the United States; and (2) correct the racial disparities in prenatal care to lower that rate.
United States · United States Congress · 17 March 2009
Preservation of Antibiotics for Medical Treatment Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Defines "critical antimicrobial animal drug" as a drug intended for use in food-producing animals that contains specified antibiotics or other drugs used in humans to treat or prevent disease or infection caused by microorganisms. Requires the Secretary to withdraw approval of a nontherapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met. Directs specified congressional committees to hold hearings on the implementation of such a withdrawal of approval.
United States · United States Congress · 17 March 2009
Preexisting Condition Patient Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from: (1) imposing any preexisting condition exclusion; or (2) providing for an affiliation period for coverage offered by a health maintenance organization (HMO). Defines an "affiliation period" as a period of time before health insurance coverage becomes effective. Requires each health insurance issuer offering coverage in the group market in a state to accept every employer in the state that applies for such coverage. Prohibits preexisting condition exclusions for individual health insurance coverage. Requires the Secretary of Health and Human Services to report to Congress on the impact of this Act on health benefits coverage. Authorizes the Secretary to request claims data, enrollee data, and other appropriate information from group health plans and health insurance issuers. Directs the Comptroller General to report to Congress on the impact of this Act and other relevant federal laws on the reduction in the number of uninsured and underinsured individuals and on the affordability of coverage.
United States · United States Congress · 17 March 2009
Responsible Education About Life Act - Authorizes the Secretary of Health and Human Services to make grants to states for sex education programs, including education on abstinence and contraception, to prevent teenage pregnancy and sexually transmitted diseases. Expresses the sense of Congress that states are encouraged, although not required, to provide matching funds to receive such grants. Requires the Secretary to provide for a national evaluation of a representative sample of such programs for effectiveness in delaying the initiation of sexual intercourse and other high-risk behaviors, preventing pregnancy and sexually transmitted disease, and increasing contraceptive knowledge and behavior. Requires states receiving such grants to provide for an individual evaluation of the state's program by an external, independent entity. Prohibits such programs from discriminating on the basis of sex, race, ethnicity, national origin, disability, religion, sexual orientation, or gender identity.
United States · United States Congress · 17 March 2009
Stephanie Tubbs Jones Collegiate Housing and Infrastructure Act of 2009 - Amends the Internal Revenue Code to allow tax-exempt charitable or educational organizations to make collegiate housing and infrastructure improvement grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) which apply such grants to their collegiate housing property.
United States · United States Congress · 17 March 2009
Affirmation of the United States Record on the Armenian Genocide Resolution - Calls upon the President: (1) to ensure that U.S. foreign policy reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the U.S. record relating to the Armenian Genocide and the consequences of the failure to realize a just resolution; and (2) in the President's annual message commemorating the Armenian Genocide, to characterize the systematic and deliberate annihilation of 1.5 million Armenians as genocide and to recall the proud history of U.S. intervention in opposition to the Armenian Genocide.
United States · United States Congress · 16 March 2009
Torture Victims Relief Reauthorization Act of 2009 - Amends the Torture Victims Relief Act of 1998 to authorize FY2010-FY2011 appropriations for: (1) the Department of Health and Human Services (HHS) for grants to domestic treatment centers for the costs of services provided in the rehabilitation of victims of torture (including treatment of the physical and psychological effects of torture), social and legal services, and research and training of health care providers outside of treatment centers or programs; (2) the President for grants to foreign treatment centers and programs for activities designed to treat victims for the physical and psychological effects of torture; and (3) the United Nations Voluntary Fund for Victims of Torture.
United States · United States Congress · 16 March 2009
Ban Poisonous Additives Act of 2009 - Treats any food container that is composed, in whole or in part, of bisphenol A or that can release bisphenol A into food as a container that is composed of a poisonous or deleterious substance for purposes of the Federal Food, Drug, and Cosmetic Act. Bans the use of such containers. Allows the Secretary of Health and Human Services to grant a waiver of such ban for one year (renewable for an additional year) under specified circumstances. Requires any product for which the Secretary grants a waiver to display a prominent warning on its label of the potential health effects associated with bisphenol A. Directs the Commissioner of Food and Drugs to periodically review substances listed in federal regulations and generally recognized as safe. Requires any such substances that are shown by new scientific evidence to cause reproductive or developmental toxicity in humans or animals to be banned or otherwise restricted. Amends the Federal Food, Drug, and Cosmetic Act to require (currently, permits) a manufacturer or supplier of a food contact substance to notify the Secretary of the identity, intended use, and safety of any such substance and of determinations as to the health effects of such substance.
United States · United States Congress · 16 March 2009
Prescribe A Book Act - Creates a Pediatric Early Literacy program under which the Secretary of Education awards matching grants to nonprofit organizations for the implementation of three-part models through which: (1) health care providers encourage parents to read aloud to their children and offer them recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five-years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers reading to children in health care facility waiting areas show parents the techniques and pleasures of reading aloud to children. Requires that the books provided to children under the program be obtained at a discount.
United States · United States Congress · 16 March 2009
Bailout Bonus Tax Bracket Act of 2009 - Amends the Internal Revenue Code to impose an additional income tax on bonuses paid to employees of entities that received financial assistance under the Troubled Asset Relief Program (TARP).
United States · United States Congress · 12 March 2009
Birth Parent Assistance Act of 2009 - Authorizes the Secretary of Health and Human Services to provide certain services for birth parents who have placed a child for adoption, either directly or by grant to or contract with state or local governmental entities or public or private agencies or organizations, including licensed child welfare or adoption agencies or adoptive family groups and faith-based organizations. Specifies such services for birth parents as: (1) post-legal adoption services; (2) individual, group, and family counseling; and (3) training of mental health professionals, social workers, and staff at hospitals and other appropriate birth care facilities relating to their interaction with birth parents and adoptive families.
United States · United States Congress · 12 March 2009
Major Drug Trafficking Prosecution Act of 2009- Requires the Attorney General's prior written approval for a federal prosecution of an offense under the Controlled Substances Act (CSA) or the Controlled Substances Import and Export Act (CSIEA), or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that specified as a minimum for an offense under CSA or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams. Modifies CSA and CSIEA to delete specified mandatory minimum terms of imprisonment.
United States · United States Congress · 12 March 2009
Teri Zenner Social Worker Safety Act - Authorizes the Secretary of Health and Human Services, through the Substance Abuse and Mental Health Services Administration, to award grants to states to provide safety measures to social workers and other professionals working with violent, drug-using, or other at-risk populations. Authorizes such grants to be used to provide or support: (1) the procurement and installation of safety equipment, including communications systems to assist agencies in locating staff, and technical assistance and training for safety communications; (2) training exercises for self-defense and crisis management; (3) facility safety improvements; (4) provision of pepper spray for self-defense; (5) training in cultural competency and on strategies for de-escalating a situation that could turn volatile; (6) training to help workers who work with mentally ill communities and who need help coping; and (7) educational resources and materials to train staff on safety and awareness measures. Directs the Secretary to establish guidelines for assuring the cost-effectiveness and quality of the safety measures funded.
United States · United States Congress · 12 March 2009
Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2009 - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease (ESRD) beneficiaries. Amends title XVIII (Medicare ) of SSA to apply special rules to kidney transplant recipients receiving additional coverage for immunosuppressive drugs. Deems such individual to be enrolled under Medicare part B and makes the individual responsible for the full amount of the applicable premiums. Applies deductible and coinsurance requirements to the provision of such drugs. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs for kidney transplant patients.
United States · United States Congress · 12 March 2009
Consumer Overdraft Protection Fair Practices Act - Amends the Truth in Lending Act to set forth restrictions upon overdraft protection fees or services placed upon a consumer account in order to cover any debit due to insufficient funds in such account. Prohibits certain misrepresentations made by an institution that it will extend credit to cover all overdrafts. Prohibits specified advertising claims regarding overdraft protection programs or services, including any representation or statement encouraging use of the account as a service to: (1) meet short-term credit needs; or (2) obtain advances on a consumer's next payment of salary, wages, benefits, or other income. Authorizes the Board of Governors of the Federal Reserve System to restrict additional acts or practices the Board deems unfair or deceptive in connection with the offering, operation, and advertising of overdraft protection programs and services. Amends the Electronic Fund Transfer Act to set forth restrictions governing overdraft protection services and fees concerning payment of an electronic fund transfer initiated by the consumer at an automated teller machine (ATM) despite of a lack of sufficient funds in the consumer's account. Amends the Expedited Funds Availability Act to prohibit a depository institution from: (1) imposing overdraft protection fees for paying any check drawn on the account in spite of a lack of sufficient funds unless the account holder has affirmatively requested such service; or (2) engaging in a pattern or practice of delaying the posting of any deposit in an account, or manipulating the process of posting any check or other debit against an account, if such pattern or practice results in an overdraft that triggers payment of an overdraft protection fee.
United States · United States Congress · 12 March 2009
Geriatrics Loan Forgiveness Act of 2009 - Amends the Public Health Service Act to deem each year an individual is enrolled in a geriatric training program as a year of obligated service under the National Health Service Corps Loan Repayment Program. Requires an individual affected by this Act to provide geriatric health service for the remainder of the individual's period of obligated service. Applies this Act to no more than 500 individuals in any year.
United States · United States Congress · 12 March 2009
Community Reinvestment Modernization Act of 2009 - Repeals specified revisions to regulations governing the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Director of the Office of Thrift Supervision. Reinstates banking agency regulations in effect before the publication of such revisions. Amends the Bank Holding Company Act of 1956 (BHCA) to subject to the Community Reinvestment Act of 1977 (CRA) nonbank affiliates of bank holding companies that offer banking products or services, including insurance companies and securities firms. Amends the CRA to subject to a rating reduction any regulated financial institution engaged in negative credit practices or securitization activities, including predatory and discriminatory lending. Amends the Equal Credit Opportunity Act to require a depository institution, in connection with a small business credit application, to: (1) inquire whether the business is a women- or minority-owned business; and (2) maintain a record of the responses to such inquiry. Requires a depository institution to maintain records of the number and dollar amounts of customer deposit accounts for each deposit taking service facility. States that securities companies, mortgage banks, and insurance companies have a continuing affirmative obligation to meet the financial services needs in their assessment areas, including the needs of low- and moderate-income neighborhoods and persons of modest means. Amends the BHCA to require affiliates of securities companies, mortgage banks, and insurance companies to attain satisfactory ratings in accordance with this Act. Amends the Federal Credit Union Act to reaffirm that covered credit unions have a continuing and affirmative obligation to meet the needs of their assessment areas (including minority and low- and moderate-income neighborhoods). Directs the National Credit Union Administration Board (NCUAB) to prescribe regulations for evaluating a covered credit union's record of meeting such obligations. Insurance Disclosure Act - Directs the Secretary of Housing and Urban Development to: (1) establish requirements for insurers to submit information annually about noncommercial insurance, rural insurance, and investments by insurers; and (2) make such information public. Directs the Financial Institutions Examination Council to maintain a hierarchical database containing the structure of financial holding companies, bank holding companies, depository institutions, and non-depository institutions. Amends the BHCA to authorize certain expanded financial activities by a bank holding company only if it has neither been adjudicated in federal court, nor entered into a consent decree or settlement agreement premised upon a violation of the Fair Housing Act (antiredlining requirement). Requires: (1) notice and public comment before establishment of a financial holding company; (2) public meetings regarding bank acquisitions and mergers; and (3) a public comment period regarding branch closures. Amends Federal Deposit Insurance Act, the National Bank Consolidation and Merger Act, and the Home Owners' Loan Act with regard to mandatory meetings involving commenters and financial institutions. Amends the CRA to subject regulated financial institutions, regardless of size or aggregate assets, to mandatory biennial examinations. Amends the Home Mortgage Disclosure Act of 1975 to prohibit regulatory exemptions from its reporting requirements.
United States · United States Congress · 11 March 2009
Promoting Innovation and Access to Life-Saving Medicine Act - Amends the Public Health Service Act to provide for the licensing of biosimilar and interchangeable biological products. Defines "biosimilar" and "interchangeability" for purposes of this Act. Allows any person to file an abbreviated biological product application with the Secretary of Health and Human Services. Requires such applications to include information demonstrating a high degree of similarity or interchangeability between the biological product and the licensed biological product (reference product). Requires the Secretary to: (1) approve an application and issue a license for a biosimilar product unless the Secretary finds and informs the applicant that the information in the application fails to demonstrate biosimilarity between the biological product and the reference product or the safety, purity, and potency of the biological product; and (2) establish requirements for the efficient review, approval, suspension, and revocation of abbreviated biological product applications. Allows an applicant to request the Secretary to make a determination as to the interchangeability of a product and its reference product based on whether a product can be expected to produce the same clinical result as the reference product in any given patient. Grants market exclusivity to any biological product that is determined to be interchangeable for a specified period. Sets forth provisions governing patent infringement claims involving comparable biological products and legal remedies to expedite the adjudication of patent infringement disputes. Extends the period for approval of biological products to allow for studies of the use of new biological products in the pediatric population.
United States · United States Congress · 10 March 2009
Employee Free Choice Act of 2009 - Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief. Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.
United States · United States Congress · 10 March 2009
Medicare Part D Home and Community Services Copayment Equity Act of 2009 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to eliminate part D cost-sharing for certain non-institutionalized full-benefit dual eligible individuals with income below 135% of the poverty line who: (1) reside in an assisted living facility, a resident care program facility, a board and care facility, or any other appropriate licenced or certified facility, including a community mental health center, a psychiatric health facility, a mental health rehabilitation center, and a mental retardation developmental disability facility; or (2) receive home and community-based services in a home setting under a home and community-based waiver.
United States · United States Congress · 10 March 2009
Inclusive Home Design Act of 2009 - Requires, with exceptions, newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the following accessibility features for persons with disabilities: (1) accessible entrance; (2) accessible interior doors; (3) accessible environmental controls; and (4) accessible habitable space and an accessible bathroom. Requires: (1) each applicant for federal financial assistance to submit compliance assurances to the relevant federal agency; and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for state or local approval. Prohibits federal financial assistance to a state or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings. Permits: (1) private civil actions in a U.S. district court or state court for violations under this Act; and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act.
United States · United States Congress · 10 March 2009
Justice Integrity Act of 2009 - Requires the Attorney General to: (1) establish a pilot program in 10 U.S. districts to promote fairness and the perception of fairness in the federal criminal justice system and to determine whether legislation is required; and (2) designate a U.S. attorney in each of the districts to implement a plan for carrying out such pilot program. Requires each U.S. attorney designated to implement a pilot program to appoint an advisory group consisting of judges, prosecutors, defense attorneys, and other individuals and entities who play an important role in the criminal justice system. Requires each advisory group to: (1) collect and analyze data on the race and ethnicity of defendants at each stage of a criminal proceeding; (2) seek to determine causes of racial and ethnic disparities in the criminal justice process; and (3) submit to the U.S. attorney a report and proposed plan for addressing such disparities. Requires each U.S. attorney to annually evaluate the efficacy of a plan submitted by an advisory group. Requires the Attorney General to: (1) prepare a comprehensive report on all advisory group plans and submit such report and plans to Congress; and (2) exercise continuing oversight of the criminal justice system to reduce unwarranted racial and ethnic disparities and improve such system.
United States · United States Congress · 9 March 2009
Motorcoach Enhanced Safety Act of 2009 - Directs the Secretary of Transportation to prescribe regulations requiring motorcoaches to be installed with: (1) safety seat belts at each seating position; (2) advanced glazing in each portal to prevent passenger ejection; (3) improved firefighting equipment; and (4) enhanced compartmentalization safety countermeasures and certain other motor vehicle safety features. Requires the Secretary to study and report to Congress on improving bus crashworthiness, bus crash avoidance, and bus fire protection and passenger evacuation. Directs the Secretary to prescribe regulations: (1) requiring providers of motorcoach services registered with the the Federal Motor Carrier Safety Administration (FMCSA) to undergo periodic safety reviews; (2) establishing a training curriculum and providing certification for each driver of a motorcoach seeking a commercial driver's license (CDL) passenger endorsement; (3) improving CDL testing; (4) requiring a driver of a commercial motor vehicle that transports for compensation between nine and 15 passengers to have a CDL; (5) preventing the submission and use of invalid or fraudulent medical certificates by applicants for a CDL; (6) requiring the annual review of state licensing authorities to assess the accuracy of physical examination reports and medical certificates of CDL applicants that are submitted by medical examiners to such authorities; and (7) requiring that all commercial motor vehicles be equipped with electronic on-board recorders (that record driver hours of service) and event data recorders, as well as direct tire pressure monitoring warning systems. Sets forth a deadline for the Secretary to establish the national registry of medical examiners. Requires the Secretary to establish a performance standard for retreaded commercial motor vehicle tires that ensures such tires achieve a safety level of performance equivalent to that of new commercial motor vehicle tires. Requires a state to conduct an annual commercial motor vehicle inspection program in order to receive a grant for the development or implementation of programs for improving motor carrier safety. Amends the Internal Revenue Code to allow a qualified motorcoach safety credit to a taxpayer for 10% of the costs of qualified new motorcoaches and of improvements to existing in-service motorcoaches to satisfy new federal safety standards for installation of occupant protection systems. Requires the Secretary to award supplemental grants (not to exceed $20,000 per vehicle) to motorcoach operators to assist with the cost of retrofitting motorcoaches to comply with such federal standards. Amends the Small Business Act to grant the Administrator of the Small Business Administration (SBA) authority to make SBA loans and loan guarantees to small business manufacturers of motorcoaches and small business motorcoach service providers, including to help retrofit their buses and motorcoaches for occupant protection.
United States · United States Congress · 9 March 2009
Recognizes: (1) the Tibetan people for their perseverance in the face of adversity and for creating a democratic community in exile that sustains the Tibetan identity; and (2) the government and people of India for their generosity toward the Tibetan refugee population. Calls upon: (1) the government of the People's Republic of China (PRC) to respond to the Dalai Lama's initiatives to find a lasting solution to the Tibetan issue; and (2) the Administration to recommit to a sustained effort to press the PRC to respect the Tibetans' identity and human rights.
United States · United States Congress · 6 March 2009
Food Allergy and Anaphylaxis Management Act of 2009 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies, schools, early childhood education programs, and other interested entities voluntary guidelines to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs. Directs that such guidelines address: (1) parental obligation to provide the documentation of their child's allergies; (2) the creation of an individual food allergy management plan for each such child; (3) communication between schools or programs and emergency medical services; (4) reduction of exposure to anaphylactic causative agents; (5) food allergy management training; and (6) administration of epinephrine. Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.
United States · United States Congress · 6 March 2009
Josh Miller Helping Everyone Access Responsive Treatment in Schools Act of 2009 or the Josh Miller HEARTS Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase automated external defibrillators (AEDs) for use in their schools; and/or (2) provide training to meet the grant requirement that at least five adult employees or volunteers at each school where an AED is to be used successfully complete training in its use and in cardiopulmonary resuscitation (CPR). Requires LEA grant applicants also to demonstrate that: (1) the AEDs are integrated into the schools' emergency response procedures; and (2) emergency services personnel are notified of their locations. Gives grant priority to schools that: (1) lack an AED; (2) typically have a significant number of students, staff, and visitors present during the day; (3) generally have a longer wait for emergency medical services than other public facilities in the community; and (4) have not received funds under the Rural Access to Emergency Devices Act.
United States · United States Congress · 5 March 2009
Iran Sanctions Enabling Act of 2009 - States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of more than $20 million in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit the investment of assets they control in, such persons, including financial institutions which extend them credit to so invest. Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by such persons. Expresses the sense of Congress that a fiduciary of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA) may divest plan assets from, or avoid investing plan assets in, a person that has investments of more than $20 million in Iran's energy sector without breaching his or her fiduciary duties under ERISA, if such determination is based on credible information and in accordance with federal law.
United States · United States Congress · 5 March 2009
Prohibits the collection by the Department of Veterans Affairs (VA) of copayments or other fees for hospital or nursing home care in the case of catastrophically disabled veterans.
United States · United States Congress · 5 March 2009
Medical Device Safety Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit specified provisions preempting state and local requirements for medical devices intended for human use from being construed to modify or otherwise affect any action for damages or the liability of any person under state law. Makes this Act effective as if it were included in the Medical Device Amendments of 1976 and applicable to any civil action pending or filed on or after the date of enactment of this Act.
United States · United States Congress · 5 March 2009
Increased Student Achievement Through Increased Student Support Act - Directs the Secretary of Education to award competitive, renewable, five-year grants to partnerships between low-income local educational agencies (LEAs) and schools offering graduate programs in school counseling, social work, or psychology to increase the number of program graduates employed by low-income LEAs. Defines "low-income LEAs" as those that: (1) serve students at least 20% of which are from low-income families; (2) have ratios of school counselors, social workers, and psychologists to students that fall at least 10% below specified target ratios; and (3) have been identified as needing improvement or corrective action or include at least one school identified as needing improvement, corrective action, or restructuring under the Elementary and Secondary Education Act of 1965. Allows the use of grant funds to: (1) provide program graduate students with field training at partnership LEA schools; (2) contribute to program graduates' salaries at such schools for up to three years after they graduate; (3) increase the number of school counselors, social workers, and psychologists per student, and from underrepresented backgrounds, in such schools; (4) enhance the capacity of partnership graduate schools to train such professionals; (5) develop course work designed to facilitate such graduates' service to low-income LEAs and at-risk students; and (6) provide tuition credits to such graduate students and student loan forgiveness to program graduates employed as school counselors, social workers, or psychologists by low-income LEAs for at least five consecutive years. Directs the Secretary to establish a program providing student loan forgiveness to non-participants in this Act's grant program who have been employed for at least five consecutive years as school counselors, social workers, or psychologists by low-income LEAs. Requires the Secretary to identify a formula for future use in designating regions as eligible for benefit programs because of having a shortage of such school personnel.
United States · United States Congress · 5 March 2009
Child Nutrition Promotion and School Lunch Protection Act of 2009 - Amends the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish science-based nutrition standards for foods served in schools other than foods served under the school lunch or breakfast programs. Applies such standards to all food sold outside such programs anywhere on school campuses during the extended school day, with the possible limited exemption of food sold at school fundraisers. Requires the Secretary to: (1) consider the recommendations of authoritative scientific organizations and evidence concerning the relationship between diet and health when establishing the standards; and (2) review the standards as soon as practicable after the Department of Agriculture and the Department of Health and Human Services publish a new edition of the Dietary Guidelines for Americans.
United States · United States Congress · 5 March 2009
Children's Access to Reconstructive Evaluation & Surgery (CARES) Act of 2009 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan that covers surgical benefits to also cover outpatient and inpatient diagnosis and treatment of a congenital or developmental deformity, disease, or injury of a minor child (defined as child under the age of 22). Requires that such coverage: (1) be subject to pre-authorization or pre-certification requirements of the plan or issuer; and (2) include any surgical treatment deemed by the treating physician to be medically necessary to approximate a normal appearance. Defines "treatment" to include reconstructive surgical procedures that are performed on abnormal structures of the body caused by congenital defects, abnormalities, trauma, infection, tumors, or disease, including: (1) procedures that do not materially affect the function of the body part being treated; and (2) procedures for secondary conditions and follow-up treatment. Excludes cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.
United States · United States Congress · 5 March 2009
Great Ape Protection Act of 2009 - Prohibits: (1) conducting invasive research on great apes; (2) knowingly breeding, possessing, renting, loaning, donating, purchasing, selling, housing, maintaining, leasing, borrowing, transporting, moving, delivering, or receiving a great ape for the purpose of conducting such research; or (3) using federal funds to conduct such research. Defines "invasive research" as research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes, including drug testing or exposure to a substance that may be detrimental to the ape's health or psychological well-being. Requires the Secretary of Health and Human Services (HHS) and other appropriate federal authorities to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. Sets forth civil penalties for violations of this Act.
United States · United States Congress · 5 March 2009
Federal Living Wage Responsibility Act - Requires the federal government and any employer under a federal contract or subcontract exceeding $10,000 to pay each of their respective workers: (1) an hourly wage (or salary equivalent) necessary for such employee to earn, while working 40 hours a week on a full-time basis, not less than the amount of the federal poverty level for a family of four; and (2) an additional amount, based on the locality in which a worker resides, sufficient to cover the costs to such worker to obtain specified fringe benefits not provided by the worker's employer. Exempts employers that are: (1) small business concerns; or (2) nonprofit, tax-exempt organizations, if the ratio of the total compensation of the chief executive officer to that of the full-time equivalent of their lowest-paid employee is not greater than 25 to 1. Directs the Secretary of Labor to enforce this Act. Makes federal contractors that are part of a pattern or practice of violations of such wage requirements subject to federal contract suspension, a five-year ineligibility period, and liability for government costs of obtaining a replacement contractor. Provides for judicial review of the Secretary's determinations, and authorizes the President to suspend the provisions of this Act in times of emergency. Allows an aggrieved worker to bring a civil action against an employer for appropriate relief for a violation of this Act, if the employer has not paid or reinstated the worker as a result of the administrative action.
United States · United States Congress · 5 March 2009
National MS and Parkinson's Disease Registries Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Agency for Toxic Substances and Disease Registry, to: (1) develop a system to collect data on multiple sclerosis (MS) and a system to collect data on Parkinson's disease; (2) establish a national surveillance system for the collection and storage of data for each such disease, including population-based registries of U.S. cases of MS and Parkinson's disease; (3) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases and disorders; and (4) establish the Advisory Committee on Neurological Disease Registries. Allows the Secretary, acting through the Director, to provide for the collection, analysis, and reporting of data on MS and Parkinson's disease. Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to Parkinson's disease and MS data. Requires the Secretary to ensure that epidemiological and other types of information collected are made available to agencies such as the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Department of Veterans Affairs (VA), and the Department of Defense (DOD).
United States · United States Congress · 5 March 2009
Contractor Accountability Act - Requires the head of each federal agency to report to Congress annually on each covered contract or order awarded or issued by the agency during the year. Requires the report to contain: (1) a certification that the agency has exercised oversight over each contract or order sufficient to ensure that each contractor is fulfilling the obligations specified; and (2) a list of the names of each contractor found to not be fulfilling its obligations. Requires each report to be publicly available on the agency's website. Requires the Comptroller General to report to Congress on agency compliance.
United States · United States Congress · 5 March 2009
Emergency Retiree Health Benefits Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add a program for emergency retiree health benefit protections. Prohibits group health plans from reducing retiree health benefits after the retirement of a plan beneficiary. Requires such plans to adopt provisions barring post-retirement reductions in retiree health benefits. Requires group health plan sponsors to grant retired plan participants the option of benefit restoration. Authorizes the Secretary of Labor to waive or vary requirements for benefit restoration if compliance with such requirements would: (1) be adverse to the interests of plan participants in the aggregate; (2) not be administratively feasible; and (3) cause substantial business hardship to plan sponsors. Establishes the Emergency Retiree Health Loan Guarantee Program. Authorizes the Program to guarantee loans provided by private financial institutions to assist plan sponsors in meeting benefit restoration obligations under this Act. Terminates loan guarantee authority after 2015. Authorizes the Secretary to assess civil penalties for violations of this Act.
United States · United States Congress · 5 March 2009
Supports the goals and ideals of National Women's History Month. Recognizes and honors the women and organizations in the United States that have fought for and continue to promote the teaching of women's history.
United States · United States Congress · 4 March 2009
Veterans Mental Health Screening and Assessment Act - Expresses the sense of Congress that: (1) the increasing rate of suicide among veterans returning from Operations Enduring Freedom and Iraqi Freedom is a serious problem; and (2) the Secretary of Defense should conduct mandatory, face-to-face, and confidential mental health and traumatic brain injury screenings for each member of the Armed Forces (member) during the period beginning 90 days after the member completes a deployment in support of a contingency operation and ending 180 days thereafter. Directs the Secretary to carry out such screenings. Prohibits the Secretary from prohibiting a member from returning to the United States due to any screening result or determination. Requires the Secretary and the Secretary of Veterans Affairs to establish a joint protocol to share existing and future reports from confidential screenings conducted to help aid members in their transition from health care and treatment provided by the Department of Defense (DOD) to health care and treatment provided by the Department of Veterans Affairs (VA).
United States · United States Congress · 4 March 2009
Pharmaceutical Market Access and Drug Safety Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to revise provisions governing the importation of prescription drugs. Waives the limitation on importation of prescription drugs that have been exported from the United States. Prohibits the importation of a qualifying drug unless such drug is imported by: (1) a registered importer; or (2) an individual for personal use. Establishes registration conditions for importers and exporters. Requires the Secretary of Health and Human Services to inspect places of business, verify chains of custody, inspect facilities, and determine compliance with registration conditions. Sets forth provisions governing the importation of qualifying drugs that are different from U.S. label drugs, including standards for judging such differences. Prohibits manufacturers from: (1) discriminating against registered exporters or importers; (2) causing there to be a difference in a prescription drug distributed in the United States and one distributed in a permitted country; (3) engaging in actions to restrict, prohibit, or delay the importation of a qualifying drug; or (4) engaging in any action that the Federal Trade Commission (FTC) determines discriminates against a person that engages or attempts to engage in the importation of a qualifying drug. States that the resale in the United States of prescription drugs that were properly sold abroad is not patent infringement. Requires the Secretary to educate consumers regarding prescription drug importation. Sets forth provisions governing the sale of prescription drugs through an Internet site. Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under FFDCA. Prohibits the introduction of restricted transactions with unregistered foreign pharmacies into a payment system or the completion of such transactions using a payment system.
United States · United States Congress · 4 March 2009
Clean Water Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define "fill material" to mean any pollutant that replaces portions of waters of the United States with dry land or that changes the bottom elevation of a water body for any purpose and to exclude any pollutant discharged into the water primarily to dispose of waste.
United States · United States Congress · 4 March 2009
Access for All America Act - Amends the Public Health Service Act to: (1) increase and extend the authorization of appropriations for community health centers and for the National Health Service Corps scholarship and loan repayment program for FY2010-FY2015, and provide for increased funding for such programs in FY2016 and each subsequent fiscal year; and (2) revise and expand provisions allowing a community health center to provide services at different locations, adjust its operating plan and budget, enter into arrangements with other centers to purchase supplies and services at reduced cost, and correct material failures in grant compliance.
United States · United States Congress · 3 March 2009
Working Families Flexibility Act - Authorizes an employee to request from an employer a change in the terms or conditions of the employee's employment if the request relates to: (1) the number of hours the employee is required to work; (2) the times when the employee is required to work; or (3) where the employee is required to work. Sets forth certain employer duties with respect to such requests. Makes it unlawful for an employer to interfere with any rights provided to an employee under this Act. Authorizes an employee to file a complaint with the Administrator of the Wage and Hour Division of the Employment Standards Administration of the Department of Labor for any violations of such rights. Provides for the investigation and assessment of civil penalties or the award of relief for alleged violations, including the review in federal courts of appeal of orders of the Administrator. Requires the Secretary of Labor to carry out a research, education, and technical assistance program for employers, labor organizations, and the general public regarding compliance with this Act. Applies the requirements of this Act to certain classes of employees, including employees of the Government Accountability Office (GAO) and the Library of Congress.
United States · United States Congress · 3 March 2009
Military Readiness Enhancement Act of 2009 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct. Requires such Secretaries to ensure that regulations governing the personal conduct of members of the Armed Forces are written and enforced without regard to sexual orientation.
United States · United States Congress · 3 March 2009
Stop Tax Haven Abuse Act - Amends Internal Revenue Code provisions relating to tax shelter activities to: (1) establish legal presumptions against the validity of transactions involving offshore secrecy jurisdictions (i.e., foreign tax havens identified in this Act and by the Secretary of the Treasury); (2) impose restrictions on foreign jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or that impede U.S. tax enforcement; (3) treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations; (4) increase the period for Internal Revenue Service (IRS) review of tax returns involving offshore secrecy jurisdictions; (5) require tax withholding agents and financial institutions to report certain information about beneficial owners of foreign-owned financial accounts and accounts established in offshore secrecy jurisdictions; (6) disallow tax advisor opinions validating transactions in offshore secrecy jurisdictions; (7) subject dividend equivalents and substitute dividends to the 30% tax on foreign income; and (8) impose reporting requirements for transactions involving a passive foreign investment company. Amends the Securities Exchange Act of 1934 and other federal enactments to impose a penalty for failure to disclose holdings or transactions involving a foreign entity. Requires the Secretary of the Treasury to publish a final rule requiring unregistered investment companies, including hedge funds or private equity funds, to establish anti-money laundering programs, and to submit suspicious activity reports. Modifies requirements for certain third party summonses used to obtain information in tax investigations that do not identify the person with respect to whose liability the summons is issued (John Doe summons). Increases penalties for promoting abusive tax shelters and for aiding and abetting the understatement of tax liability. Prohibits the patenting of tax planning inventions. Prohibits tax advisor contingent fee agreements for obtaining tax savings or benefits. Allows increased disclosure of tax information for enforcement purposes. Directs the Secretary to impose standards for written tax opinions by tax practitioners. Denies tax deductions for certain fines and penalties for violations of law and for interest paid on certain understatements of tax. Sets forth rules for the application of the economic substance doctrine and imposes penalties for underpayments of tax due to transactions lacking economic substance.
United States · United States Congress · 3 March 2009
Shirley Chisholm Congressional Gold Medal Act - Authorizes the posthumous award of a congressional gold medal in commemoration of Shirley Chisholm, in recognition of her activism, independence, and ground-breaking achievements in politics, her election as the first African-American woman in Congress, and her campaign to be the first African-American to gain the nomination of a major political party for President of the United States.
United States · United States Congress · 3 March 2009
Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration (FDA), including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Directs the Secretary to establish the Center for Tobacco Products to implement this Act. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Authorizes the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if appropriate for the protection of the public health. Sets forth limits on such regulations, including prohibiting establishment of a minimum age greater than 18 for product purchases. Prohibits: (1) cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee; or (2) a tobacco product manufacturer from using tobacco that contains a greater level of pesticide chemical residue than is specified by any tolerance applicable to domestically grown tobacco. Requires the Secretary to establish tobacco product standards to protect the public health. Prohibits the Secretary from: (1) banning all cigarettes, all smokeless tobacco products, all little cigars, all other cigars, all pipe tobacco, or all roll-your-own tobacco products; or (2) requiring the reduction of the nicotine yields of a tobacco product to zero. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Revises tobacco product warning labels and advertising requirements. Thrift Savings Plan Enhancement Act of 2009 - Amends provisions related to the Thrift Savings Plan (TSP), including to provide for: (1) automatic enrollment of new employees; and (2) a Roth contribution program.
United States · United States Congress · 2 March 2009
Protecting Tenants at Foreclosure Act of 2009 - States that any immediate successor in interest to residential property in foreclosure assumes such interest subject to: (1) giving an existing tenant at least 90-day notice to vacate; and (2) specified rights of such tenant to occupy the premises until the end of the lease. Amends the United States Housing Act of 1937 to require a housing assistance payment contract to provide that in the case of an owner who is an immediate successor in interest pursuant to foreclosure: (1) during the initial term of the lease vacating the property prior to sale shall not constitute other good cause for termination of the lease; but (2) in subsequent lease terms vacating the property prior to sale may constitute good cause if the property is unmarketable while occupied, or if such owner will occupy the unit as a primary residence. Authorizes: (1) a housing assistance payment contract entered into by the public housing agency and the owner of a dwelling unit to provide that the immediate successor in interest to property in foreclosure in which a housing assistance recipient resides assumes such interest subject to the lease between the prior owner and the tenant, and subject to the housing assistance payments contract between the prior owner and the public housing agency for the occupied unit; and (2) the public housing agency, where the successor owner cannot be identified, to use rental funds to pay for the property's utilities if owed by the owner or for reasonable moving costs, including security deposits.
![Official portrait of Rep. Schakowsky, Janice D. [D-IL-9]](https://www.congress.gov/img/member/116_rp_il_9_schakowsky_janice_200.jpg)